Sexual activity with detained persons.

Existing law makes it a misdemeanor for an employee or officer of a public health facility to engage in sexual activity with a consenting adult who is confined in a health facility. Existing law additionally makes it a misdemeanor for specified individuals, including an employee or officer of a public entity detention facility or an employee with a department, board, or authority under the Department of Corrections and Rehabilitation, to engage in sexual activity with a consenting adult by rubbing or touching the breasts or sexual organs of another, as specified. This bill would change the definition of sexual activity to also include the touching of the anus, groin, or buttocks. The bill would instead make it a misdemeanor or a felony, punishable in the county jail, for employees or officers of a public health facility or public entity detention facility and employees with a department, board, or authority under the Department of Corrections and Rehabilitation, to engage in sexual activity with a consenting adult, as specified. Existing law makes it punishable as either a misdemeanor or a felony for specified individuals, including an employee or officer of a public entity detention facility, to engage in sexual activity by engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration, as defined, with a consenting adult who is confined in a detention facility. Existing law makes it punishable as either a misdemeanor or a felony for an employee with a department, board, or authority under the Department of Corrections and Rehabilitation, as specified, to engage in sexual activity by engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration, as defined, with a consenting adult who is an inmate, ward, or parolee. This bill would additionally make it punishable as either a misdemeanor or a felony, punishable in a state prison, for employees or officers of a public health facility to engage in sexual activity with a consenting adult who is confined in a health facility by engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration, as defined. By expanding the scope of crime, this bill would impose a state-mandated local program. Existing law requires a person convicted of a felony violation of the above provisions who is employed by a department, board, or authority within the Department of Corrections and Rehabilitation to be terminated, as specified, and prohibits that person from being eligible to be hired or reinstated by the department. This bill would instead require that a person convicted of any violation of these provisions be terminated and prohibited from being reinstated by the department. The bill would also require that a person convicted of any violation of these provisions who is employed by a public entity detention facility or a public health facility be terminated and made ineligible to be hired or reinstated by any public entity detention facility, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.